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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44941
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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3 years ago-i was working with a fellow employee and in the

Customer Question

3 years ago-i was working with a fellow employee and in the rest room at the main depot with other drivers he turned around in a full room and said i work with this p***k i said well P***ks work with c****S and he then rasied his fist towards my face i said "thats all i need).
SINCE-he has been trying to stop me being skeptical about the company and said i must not say it may close and he has litarly trying change my opinion forcibly and thought with no athority once so ever.
then a another fellow employee got sacked for stealing money and i passed a rumor to a nother fellow employee they passed it to him and a woman employee i worked with picked on me the next day with this i was sworn at in the drivers room called a part time w**ker he said nothing so obviously he had some say in the matter so i asked them both "not to talk to me and i didnt want to talk to them -he over the course of the day
then when he knew i was finnishing pourposly held on at work to see me (bully me) shouting across a full standing bus while i was changing driver in the depot/yard after i politely asked him not to talk to me during the day as his dimeanor is of a harrasing nauture he said : so your not talking to me gary i said david i dont want to talk to you at all or you to me he said is this about the keith thing i said and other things he said i will -drag you down to the depot and get you upstairs and get you reprimanded (all over not talking to him powercrazy)
I ignored it and the people on the bus gasped with the threats
He then every day kept on every morning
then one day i was called to the office main depot and told to communicate with him for work puropses i said i would try but every time he communicates he tries to communicate on a personal level controlling no respect we never used to communicate with each other
he wrote me a letter saying i left depot early before morning noise kefew (only 10 min)
i wrote nack i know you fool perposly so he would take it down to depot and show them i was talking to him on a work related level
then one morning afterwards he meets me beyond the gate I TELL HIM THREE TIMES IM RECORDING IT HE ACCEPTS (his biggest mistake eaver) and starts roaring at me
and shouting ending in calling me a f chiken yellow f**ker and cant handle confrontation
and to tell my daddy
i have a recording if you need it
the company has a barrister called robin orbel who would also possibly be backing him
i save this mans life from a runaway bus and he hasent apologised and will not
---------------------------------------------------------------------------------
They company now accused me of deformation of the company thought facebook as i put down
western greyhound bus crash trulefoot (but no picture).
they come at me saying i put it on the main page i said "it was a personal page and no photo they say there was a photo becasue i was working when it happend and had
no way of photographing the bus on the hedge so my face book must have been hacked and the person who reported it to manager was managers assistant (entrapment on my privacy spying).
They have a gaging clause but i dont think its ilegal after i just stating the truth
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What are your specific queries about this situation please?

Also please note that as it is getting late I am going offline shortly and may not be able to reply fully until the morning, thank you

JACUSTOMER-3dbo3vx5- :

thanks ben if you could give us as much info as you could i also have the recording here of his morning rant i suffered

JACUSTOMER-3dbo3vx5- :

gary

JACUSTOMER-3dbo3vx5- :

*****@******.***

JACUSTOMER-3dbo3vx5- :

my faters phone is *********** he is fully aware of the case and has fought the people concerned on the phone who dropped the phone (he p***d them off lol the woman that keeps trying to dicipline me )

JACUSTOMER-3dbo3vx5- :

regards gary g

Ben Jones :

Hi Gary, the company can only pursue you for defamation if they can show that you had posted untrue statements about them in a form of words, which would tend to lower them in the estimation of ‘right thinking members of society generally', expose them to hatred, contempt or ridicule, or cause them to be shunned or avoided. If you simply stated the facts and the truth as it happened, then there will be no defamation, even if they do not agree with your comments. Also defamation is very complex and expensive to pursue so it is highly doubtful they would be going down that route.

However, they could try and argue that you had placed the company into disrepute by posting information about them on public forums, even if it was true. If you have issued at work then you try to resolve them internally with the employer or seek to go down the legal route. You should not be posting comments about them whilst still employed by them which may place them in a bad light. Whether or not an employer can take disciplinary action or even dismiss an employee as a result of their activity on social media is a tricky issue. A balance must be struck between an employee's right to private life and the employer's right to not only protect its business and reputation but also its employees.

Employers should only take formal action against an employee's use of social networking websites where there are valid concerns about this having a detrimental effect on the business, including any adverse effect on other employees. A common example posting complaints about the employer that can bring the business into disrepute or affect its reputation

It is also important to consider the potential readership of these comments, for example how public they were made. If the settings were private and only a limited number of people not related to the business could read them, then the seriousness of the offence may not be great. Similarly, if there was no way of identifying the employer from the comments or from your personal information, it would be difficult for the employer to argue there was damage done to its reputation.

In summary, it is entirely possible for disciplinary action to be taken in the circumstances but the outcome needs to be carefully considered taking into account the nature of the comments, the context in which they were made and how they have affected the business and/or other employees.

However, at the same time you have the right to bring your concerns to the employer’s attention by raising a formal grievance and if the situation is so bad that you believe you can no longer continue working there as a result then you can even consider resigning and then making a claim for constructive dismissal against the employer.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-3dbo3vx5- :

AHH i only told the truth with the facebook and it was altered before submitted as evidence against me a picture was added and i didnt finnish work till 7pm long after it had been recoverd they seem to have fallen silent about the fac ebook affair as i shot them down over that one luckly but i have found 8 other jobs so i am bracing my self at worst.

JACUSTOMER-3dbo3vx5- :

i have the rmt behind me as well i was planning stringing them out for a consiliation for 4 weeks then when i win i will give them a weeks notice garden leave then go to a new job driving schools where theres no problems :)

Ben Jones :

well sounds you have planned on how to deal with this pretty well, I hope it works out for you in the end either way. If you could also please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this I would be grateful? Thanks

JACUSTOMER-3dbo3vx5- :

i have a grevance against me but the man who has done it was the harrasing party and i complained to police about his conduct and the police have as ked them to act i told them hes the problem he created the problem and they must sort the problem i am the victim and he never apoligized for his conduct they still keep trying to blame me and pin me.

Ben Jones :

the grievance and the police issue are two separate matters. If the person wants to make a grievance they can do and then it would be for the employer to decide on whether they have a valid complaint

JACUSTOMER-3dbo3vx5- :

if you let me have a email i will send the recording mp3

Ben Jones :

I am afraid we cannot communicate by email and also this will not affect the advice I have already given you above

JACUSTOMER-3dbo3vx5- :

ah its just i woukld love for you to hear the abuse i have sufferd

JACUSTOMER-3dbo3vx5- :

i thought of a new way if they are not following there harrasment law i could have them for that ? and the woman disiplining me ?

Ben Jones :

Don't confuse the harassment with any potential disciplinary action at work - the two will be separate

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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